Baird (Migration)

The Administrative Appeals Tribunal considered an application for a Temporary Skill Shortage (Class GK) visa, Subclass 482, medium-term stream, in the occupation of Diesel Motor Mechanic. The applicant, Mr Baird, sought review of a decision not to grant the visa. The Tribunal also considered the application of Ms Conachy, which was linked to Mr Baird's application.

The primary legal issue before the Tribunal was whether the position to which the visa application related was the subject of an approved nomination, as required by the Migration Regulations. Specifically, the Tribunal had to determine if clause 482.212(1) of the Migration Regulations 1994 had been satisfied.

The Tribunal reasoned that clause 482.212(1) mandates that the nomination identified in the visa application must have been approved. Based on the material before it, including Mr Baird's response to adverse information, the Tribunal found that the nomination had not been approved under section 140GB of the Migration Act 1958. Consequently, the position was not the subject of an approved nomination, meaning the requirements of clause 482.212(1) were not met. As Mr Baird failed to satisfy this essential requirement for his visa, and Ms Conachy similarly failed to meet the corresponding requirement under clause 482.312, the Tribunal affirmed the decision not to grant the visas.